Flight Attendants File California Meal Break Lawsuit

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Flight Attendants File California Meal Break Lawsuit.jpg

In recent news, flight attendants for Skywest Airlines file a California meal break lawsuit.

The Case: Bernstein v. Virgin America Inc

The Court: United States District Court, N.D. California

The Case No.: 15-v-02277-JST

The Plaintiff: Bernstein v. Virgin America Inc

The plaintiffs in the proposed class action are two former flight attendants of Defendant Virgin America, Inc. and Defendant Alaska Airlines, Inc. ("Virgin") in California. The plaintiffs allege that Virgin did not pay them for hours they worked before, after, and between scheduled flights, time they spent completing incident reports, time spent in required training, and time spent completing mandatory drug testing. The plaintiffs also allege that the airline did not allow them to take meal periods earlier than one hour before landing, did not allow rest breaks, did not pay overtime and minimum wages, and did not provide accurate wage statements as required by law. The plaintiffs filed for summary judgment.

The Defendant: Bernstein v. Virgin America Inc

The defendant in the case, Virgin American Inc. is headquartered in Burlingame, California. According to company policy:

  • Crew leaders provide rest and meal periods for flight attendants.

  • Flight attendants have the opportunity to take breaks, they are still on duty throughout the entirety of a flight.

  • However, many flight attendants claim they are not able to take breaks on their flights, and approximately one-third of Virgin America’s daily flights since 2011 were more than five hours long.

The Case: Bernstein v. Virgin America Inc

Virgin America argued that federal regulations governing the airline (Airline Deregulation Act, federal aviation safety regulations, and the dormant commerce clause) preempt the plaintiffs’ claims based on wage and hour law, but the California judge hearing the case, U.S. District Judge Vince Chhabria, rejected the argument citing Bernstein v. Virgin America Inc., ruling that flight crews could be subject to California meal period and rest break laws. The judge cited California law stating an employer's ability to seek an exemption from rest breaks when compliance would materially affect the welfare or comfort of the employees and create an undue hardship for the employer. The judge even noted that flight attendants seemed to be a prime example of a qualifying situation for this exemption. The judge further noted that California law allows on duty meal breaks when "the nature of the work prevents an employee from being relieved of all duty" as long as the parties involved agree to an on-duty meal break. (The agreement to an on duty meal break must be written). By noting these exceptions to California law, the judge offered the airline a significant amount of wiggle room.

However, the airline argued that neither of the specified provisions actually helps reduce the burden compliance with California state law would impose. The airline does not argue that they complied with California meal and rest break law. Plaintiffs submitted evidence that they were not provided required breaks and were not compensated with extra pay. In response, the judge granted the plaintiffs’ partial motion for summary judgment regarding the airline’s liability on meal and rest break claims.

If you need to discuss California state law or if you need to file a class action lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.